Celia Lucrecia N. Vasquez Candell v. Byron A. Ixcal Avila

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 CELIA LUCRECIA N. VASQUEZ CANDELL,) Case Number: FDI-25-802072) 7 Petitioner) Hearing Date: April 14, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 BYRON A. IXCAL AVILA,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (PARENTING TIME) 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) The parties are Petitioner Celia Candell (Mother) and Respondent Byron Avila (Father). They 18 share one minor child: Genesis Vasquez (DOB: 08/02/10).

19 2) On December 30, 2025, Father filed a Request for Order seeking initial custody and visitation 20 orders. Father requests: 21 a. Joint legal and joint physical custody. 22 b. Week on/week off schedule parenting time schedule. 23 c. Exchanges facilitated by parent walking the child to the other parent’s apartment, upon 24 conclusion of their parenting time. 25 d. A review hearing to ensure visits are moving forward, without issue.

26 3) On November 19, 2025, the parties executed a Stipulation and Order, which was signed by the 27 Court and provides for the following terms: 28 a. Continuance of the issues contained in Father’s Request for Order filed April 16, 2025, to 29 January 22, 2026;

1 b. Joint legal custody of the minor child; 2 c. Physical custody of the minor child to Mother; 3 d. An agreement to appoint a mutually selected expert to conduct a Brief Focused 4 Assessment; and 5 e. An agreement that Father shall pay guideline child support and temporary spousal 6 support with exchange of updated Income and Expense Declarations and reservation of 7 retroactive support.

8 4) On January 14, 2026, Mother filed a Responsive Declaration to Father’s Request for Order in 9 which she asks the Court to: 10 a. Grant her sole legal and sole physical custody of the minor child. 11 b. Grant parenting time to Father on Sundays.

12 5) On January 27, 2026, Father filed a supplemental declaration, which has been read and 13 considered by the Court.

14 6) On February 20, 2026, the parties executed a Stipulation and Order, which provides that the 15 parents will communicate via Our Family Wizard and they will each pay their own costs for the 16 communication program.

17 B. Findings and Order 18 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 19 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 20 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 21 child is the United States.